Get a Grip on Legal Jargon: Divorce Terms Explained

When facing divorce, you may find yourself overwhelmed with the legal jargon used throughout the process. Add this frustration to the mounting stress and heightened emotion, and you may be left making poor decisions. While our firm is here to help guide you through the process and answer any questions you have, this guide can help clarify some of the legal jargon you may encounter. Types of Divorce Irretrievable Breakdown of the Marriage This cause

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Tracking Child Support Payments

Under Massachusetts law, both parents have a duty to support their child. Typically, following a separation or divorce, only one parent is considered the custodial parent. This is the parent who lives with and has primary care of the child. The support provided by the custodial parent is offered in the time and care given to the child. When families no longer live under one roof, sharing duties equally can be difficult. This is why

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My husband’s medical condition was misdiagnosed. Who should be held responsible?

When a serious injury or even death results from a misdiagnosed condition, there are several parties that can be held liable. This includes doctors, radiologists, nurses, and pharmacists as potentially responsible parties. However, for a medical professional to be held liable for medical malpractice, there are specific legal requirements under the Commonwealth of Massachusetts law. Restrictions stipulate when a claim can be made, limit the damages, and require specific types of evidence. Failing to diagnose

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Signs it Might Be Time to Get a Divorce

The decision to divorce isn’t always cut and dry. While, in some cases, divorce is the best course of action, it remains a difficult decision. Only you know what is in your heart and the best way forward for you and your family. If you’re considering divorce, the following signs may help make your decision clear. Silence is Deadly While constant arguing doesn’t make a healthy relationship, silence can be a sign of avoidance or

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Criminal Law Defense Strategies

When accused of a crime, many clients want to know what strategies are available to them for defending their case. Because criminal courts require that a judge or jury determine guilt beyond a reasonable doubt, it is up to the defense attorney to use a strategy that creates such doubt in a client’s criminal case. While there are many strategies defense attorneys use to help clients receive an acquittal, the four most commonly discussed include

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Know Your Right to Recover Compensation From a Slip and Fall

When you experience a slip and fall, there are a number of Massachusetts laws and legal rules that will affect your case. Slip and fall injuries can be severe, especially during winter months when roads, walkways, and parking lots are icy. When negligence or a dangerous condition is to blame, you may be entitled to financial recovery. This article will explain two of the most important Massachusetts laws you need to be aware of as

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When to Modify Your Divorce Agreement

How long has it been since you terminated your marriage? Have your circumstances changed since then? While your divorce may last forever, your divorce agreement can change over time. There are many reasons to consider modifying your divorce agreement. Some examples include: a significant change in income that will impact child support or alimony payments a job change requiring a move needs of aging children the remarriage of the party awarded the alimony Child Support

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Understanding Medical Malpractice in Massachusetts

Medical negligence is an unfortunate outcome, often attributed to an overburdened medical care system. Many parties can be held liable for negligence, from hospitals to doctors, nurses, surgeons, anesthesiologists, dentists, and pharmacists. Medical malpractice is defined as negligence in the medical care and treatment provided by a healthcare professional. There are many different types of medical malpractice claims. Injury from the following can be the result of medical negligence: failure to correctly diagnose a condition

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Understanding Child Support in Massachusetts

Divorce cases involving children often require a court decision regarding which parent should have physical and/or legal responsibility. Whether granted joint or sole custody, physical custody designates where the child will actually live. The parent who the child resides with most of the time is considered the custodial parent. The non-custodial parent may be required to provide for a child or children in the form of child support, which is paid to the custodial parent.

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Worcester County DUI OUI Convictions from 2011 -2018 Overturned

Worcester District Attorney will be sending more than 4,700 letters to Worcester County residents who may be entitled to a new trial after the results of breath tests used in their drunken driving (DUI OUI) cases between the years 2011 and 2018 were deemed unreliable. Anyone who receives this letter should consult a lawyer to help them decide how best to proceed. The letter contains details about the collateral damage that a guilty finding might

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Differences Between a Criminal Case and a Civil Case

Wrongdoing is addressed under two different types of cases: criminal and civil. Civil cases generally involve disputes between individuals. These cases are disputed through civil lawsuits. Criminal cases, on the other hand, are considered offenses against the state, or society as a whole. The state is responsible for prosecuting criminal cases. While there may be some overlap between civil and criminal cases, an important distinction between them are the legal standards of proof. In every

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What to do when your ex refuses to comply with your parenting schedule?

Once you’ve completed the process of going through a divorce, settling on child support, and agreeing to a parenting schedule, you’d think you can finally move forward and start your new life. Unfortunately, this isn’t always the case. When you’re facing the frustrating reality that your ex simply won’t comply with your legally binding agreements, whether that be alimony payments or a parenting schedule, you have options. Massachusetts residents can file a complaint for contempt

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If You’ve Been Injured, Document Every Detail

When you incur an injury at the fault of another, it’s crucial to document your experience from injury to recovery. When filing a personal injury claim, the documentation needed to prove your claim is based on the nature of the injury, the events leading to an incident, and damage resulting from the accident. Every detail is essential. Follow these guidelines for documenting your injury. Official Reports First, immediately following an injury, you should seek medical

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How much time do I have to file a personal injury case in Massachusetts?

The timeframe in which you have to file your lawsuit is called the statute of limitations. Each state sets its own laws and regulations regarding time limits to file various claims. The majority of personal injury cases in Massachusetts have a statute of limitations of three years. The statute of limitations begins on the date in which the personal injury incident occurs. Therefore, you generally have three years from this date to start your lawsuit.

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Liability And Wrongful Death With Covid-19

In Massachusetts, over 8, 000 people have already died from Covid-19. Along with hospitals, many of these deaths have also occurred in overcrowded, ill-prepared long-term care facilities. Despite this, many people continue to act as if there is no danger, with no regard for the deadly consequences of their actions. From inappropriate beach parties thrown by dozens or hundreds of teenagers at once, to thousands gathering to exercise their constitutional rights in protest, many Americans—and

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Charged with Operating Under the Influence

The Defendant was charged with Operating Under the Influence and a Marked Lanes Violation. The Commonwealth called one witness and the Defendant called three, including himself. The jury returned a verdict of NOT GUILTYon the OUI and the judge made a finding of NOT RESPONSIBLE on the civil infraction and ordered that the Defendant’s license be restored. The Jury deliberated for approximately twenty minutes before returning a verdict of NOT GUILTY.

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City of Worcester Seeks Injunction Against Our Client

The City of Worcester brought and action against the defendant to enforce certain provisions of the Revised Ordinances of the City of Worcester. Specifically the City sought an injunction against the defendant to replace 1370 square feet of sidewalk based on work he performed on a retaining wall which abutted the sidewalk. The trial was originally scheduled for May 28, 2007 but the City moved for a continuance to perform a survey at the property

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Indecent Assault and Battery

The Defendant was charged with 3 Separate Complaints of Indecent Assault and Battery on 3 different victims. After extensive discovery, it was revealed that one alleged victim had made certain statements that seriously questioned the credibility of the allegation and the complaint was DISMISSED. The second case was tried before a jury over two days and the Defendant was found NOT GUILTY on all counts. The third case was DISMISSED at the request of the

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Massachusetts RMV Board of Appeals

Client had lost her driver’s license for 5 years as a result of a refusal to submit to a chemical test on a second OUI Offense. Our office appealed the decision to RMV Board of Appeals and took the position that because the first OUI resulted in a continuance without a finding and not a guilty finding that the client had only one prior conviction for purpose of her license suspension and that therefore her

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Municipal Employee Charged with OUI

The Defendant was charged with OUI-Liquor OR .08%. At the time of the incident, the defendant was a municipal employee operating a town vehicle. He was involved in a single vehicle accident at 1:40 a.m. while he was on-call in the municipal truck. The truck he was operating crashed into the Jersey barriers on a major highway, causing serious damage to the vehicle. The plow hitch on the front of the truck was wedged between

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